Discernible Tastes, LLC Purchase and Refund Agreement
CANCELLATION AND REFUNDS
Due to your purchase being a coaching package in a business capacity, we do not offer refunds or cancellations. All contracts and purchases are binding.
Due to your purchase being an infoproduct in a business capacity and downloadable at the time of purchase, we do not offer refunds or cancellations. All purchases are binding.
By clicking continuing with your purchase and entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, in the course, you (“Client”) are entering into a legally binding agreement with Discernible Tastes, LLC a Massachusetts Corporation (“Company”), according to the following terms and conditions:
1. Discernible Tastes, LLC'S SERVICES. Upon execution of this Agreement, electronically, verbally, or otherwise, Discernible Tastes, LLC agrees to render services related to education, seminar, consulting, coaching, course, and/or business-coaching (the “destination-intensive”). The terms of this Agreement shall be binding for any further goods/services supplied by Discernible Tastes, LLC to Client. Parties agree that the destination-intensive is in the nature of coaching and education. The scope of services rendered by Company pursuant to this contract shall be solely limited to those contained therein and provided for on Discernible Tastes, LLC's website as part of the Program. Company reserves the right to substitute services equal to or comparable to the destination-intensive for Client if the need arises.
2. COMPENSATION. Client agrees to compensate Discernible Tastes, LLC according to the payment schedule set forth on Discernible Tastes, LLC's website and the payment plan selected by Client (the “Fee”). Discernible Tastes, LLC shall charge a 5% (five percent) late penalty to all balances that are not paid in a timely manner by Client.
3. REFUNDS. Upon execution of this Agreement, Client shall be responsible for the full extent of the Fee. If Client cancels attendance at the destination-intensive for any reason whatsoever, Client will receive no refund, and will remain responsible for paying the rest of the fee, even if Client decides not to continue services.
4. CHARGEBACKS AND PAYMENT SECURITY. To the extent that Client provides Discernible Tastes, LLC with Credit- Card(s) information for payment on Client’s account, Discernible Tastes, LLC shall be authorized to charge Client’s Credit Card(s) for any unpaid charges on the dates set forth herein. If client uses a multiple- payment plan to make payments to Discernible Tastes, LLC, Discernible Tastes, LLC shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. Client shall not make any chargebacks to Discernible Tastes, LLC's account or cancel the credit card that is provided as security without Discernible Tastes, LLC's prior written consent. Client is responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. Client shall not change any of the credit card information provided to Discernible Tastes, LLC without notifying Discernible Tastes, LLC in advance.
5. NO RESALE OF SERVICES PERMITTED. Client agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the destination-intensive (including course materials), use of the Program, or access to the Program. This agreement is not transferrable or assignable without Discernible Tastes, LLC's prior written consent.
6. NO TRANSFER OF INTELLECTUAL PROPERTY. Discernible Tastes, LLC's copyrighted and original materials shall be provided to the Client for his/her individual use only and a single-user license. Client shall not be authorized to use any of Discernible Tastes, LLC's intellectual property for Client’s business purposes. Client shall not be authorized to share, copy, distribute, or otherwise disseminate any materials received from Discernible Tastes, LLC electronically or otherwise without the prior written consent of the Company. All intellectual property, including Discernible Tastes, LLC's copyrighted course materials, shall remain the sole property of Discernible Tastes, LLC. No license to sell or distribute Discernible Tastes, LLC's materials is granted or implied.
7. LIMITATION OF LIABILITY. By using Discernible Tastes, LLC's services and enrolling in the Program, Client releases Discernible Tastes, LLC's, it officers, employers, directors, and related entities from any and all damages that may result from anything and everything. Client accepts any and all risks, foreseeable or unforeseeable, arising from such transactions. Regardless of the previous paragraph, if Discernible Tastes, LLC is found to be liable, Discernible Tastes, LLC's liability to Client or to any third party is limited to the lesser of (a) the total fees Client paid to Discernible Tastes, LLC in the one month prior to the action giving rise to the liability, and (b) $1000. All claims against Discernible Tastes, LLC must be lodged with the entity having jurisdiction within 100-days of the date of the first claim or otherwise be forfeited forever. Client agrees that Discernible Tastes, LLC will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, con- sequential, or exemplary damages happening from the use or misuse of Discernible Tastes, LLC's services or enrollment in the Program. Client agrees that use of Discernible Tastes, LLC's services is at Client’s own risk.
8. DISCLAIMER OF GUARANTEE. Client accepts and agrees that she/he is 100% responsible for her/his progress and results from the Program. Client accepts and agrees that she/he is the one vital element to the Program’s success and that Discernible Tastes, LLC cannot control Client. Discernible Tastes, LLC makes no representations or guarantees verbally or in writing regarding performance of this Agreement other than those specifically enumerated herein. Discernible Tastes, LLC and its affiliates disclaim the implied warranties of titles, merchant ability, and fitness for a particular purpose. Discernible Tastes, LLC makes no guarantee or warranty that the Program will meet Client’s requirements or that all clients will achieve the same results.
9. COURSE RULES. To the extent that Client interacts with Discernible Tastes, LLC staff and/or other Discernible Tastes, LLC clients, Client agrees to at all times behave professionally, courteously, and respectfully with staff and clients. Client agrees to abide by any Course Rules/Regulations presented by Discernible Tastes, LLC. The failure to abide by course rules shall be cause for termination of this Agreement. In the event of such termination, Client shall not be entitled to recoup any amounts paid and shall remain responsible for all outstanding amounts of the Fee.
10. USE OF COURSE MATERIALS. Client consents to recordings being made of courses and Discernible Tastes, LLC. Discernible Tastes, LLC reserves the right to use, at its sole discretion, coaching/course materials, videos and audio recordings of courses, and materials submitted by Client in the context of the course(s) and/or destination intensives for future lecture, teaching, and/or marketing materials, and further other goods/services provided by Discernible Tastes, LLC, without compensation to the Client. Client consents to its name, voice, and likeness being used by Discernible Tastes, LLC for future lecture, teaching, and/or marketing materials, and further other goods/services provided by Discernible Tastes, LLC, without compensation to the Client.
11. NO SUBSTITUTE FOR MEDICAL TREATMENT. Client agrees to be mindful of his/her own wellbeing during the course and seek medical treatment (including, but not limited to psychotherapy), if needed. Discernible Tastes, LLC does not provide medical, therapy, or psychotherapy services. Discernible Tastes, LLC is not responsible for any decisions made by Client as a result of the coaching and any consequences thereof.
12. TERMINATION. In the event that Client is in arrears of payment or otherwise in default of this Agreement, all payments due here under shall be immediately due and payable. Discernible Tastes, LLC shall be allowed to immediately collect all sums from Client and terminate providing further services to Client. In the event that Client is in arrears of payments to Discernible Tastes, LLC, Client shall be barred from using any of Discernible Tastes, LLC's services.
13. CONFIDENTIALITY. The term “Confidential Information” shall mean information which is not generally known to the public relating to the Client’s business or personal affairs. Discernible Tastes, LLC agrees not to disclose, reveal or make use of any Confidential Information learned of through its transactions with Client, during discussion with Client, the coaching session with Discernible Tastes, LLC, or otherwise, without the written consent of Client. Discernible Tastes, LLC shall keep the Confidential Information of the Client in strictest confidence and shall use its best efforts to safeguard the Client’s Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft.
14. NON-DISPARAGEMENT. In the event that a dispute arises between the Parties or a grievance by Client, the Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. In the event of a dispute between the Parties, the parties agree that they neither will engage in any conduct or communications, public or private, designed to disparage the other.
15. INDEMNIFICATION. Client shall defend, indemnify, and hold harmless Discernible Tastes, LLC's, Discernible Tastes, LLC's share- holders, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements - which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Discernible Tastes, LLC's, or any of its shareholders, trustees, affiliates or successors. Client shall defend Discernible Tastes, LLC in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Discernible Tastes, LLC recognizes and agrees that all of the Discernible Tastes, LLC's shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of Discernible Tastes, LLC.
16. CONTROLLING AGREEMENT. In the event of any conflict between the provisions contained in this Contract and any marketing materials used by Discernible Tastes, LLC, Discernible Tastes, LLC's representatives, or employees, the provisions in this Agreement shall be controlling.
17. CHOICE OF LAW/VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of Massachusetts without giving effect to any principles or conflicts of law. The parties hereto agree to submit any dispute or controversy arising out of or relating to this Agreement to arbitration in the state of Massachusetts, pursuant to the rules of the American Arbitration Association, which arbitration shall be binding upon the parties and their successors in interest. The prevailing party is entitled to be reimbursed for all reasonable legal fees from the non- prevailing party in order to enforce the provisions of this Agreement.
18. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, negotiations and understandings, oral or written. This Agreement may be modified only by an instrument in writing duly executed by both parties.
19. SURVIVABILITY. The ownership, non-circumvention, non-disparagement, proprietary rights, and confidentiality provisions, and any provisions relating to payment of sums owed set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination of this Agreement for any reason.
20. SEVERABILITY. If any of the provisions contained in this Agreement, or any part of them, is hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of such provision or any other provision contained herein, which shall be given full effect regardless of the invalid provision or part thereof. 21. OTHER TERMS. Upon execution by clicking “I agree,” the Parties agree that any individual, associate, and/or assign shall be bound by the terms of THIS AGREEMENT. A facsimile, electronic, or e-mailed executed copy of this Agreement, with a written or electronic signature, shall constitute a legal and binding instrument with the same effect as an originally signed copy.